HomeMy WebLinkAboutORD FOR INTRODUCTION 02-01-82DATE:
TO:
FROM:
SUBJECT:
ORDINANCES FOR INTRODUCTION
No. 1
Inter-Corn
February 1, 1982
William Huston, City Manager
Community Development Department
Moratorium on Planning Agency Action Concerning Video Game Arcades
RECOMMENDED ACTION
If the Council concurs with the Planning Agency motion not to hear any Use
Permit applications concerning pinball or video game arcades, staff
recommends the adoption of Urgency Ordinance No. 86?.
Background & Discussion
On January 18, 1982, the Planning Agency denied Use Permit 81-31 that would
have permitted the operation of a video game arcade in conjunction with a
restaurant use at 14722 Newport Avenue. The motion to deny stated in part
that the Agency did not want to consider Use Permit applications on the
subject matter until an ordinance could be adopted that would more clearly
define the City's position on game arcades. If Council is of the same
persuasion, then the appropriate action would be to adopt an urgency
ordinance imposing a moratorium on arcades. In this manner, all applicants
would be aware of how long they may have to wait to be placed on a Planning
Agency agenda. As it stands now, staff would be required to accept a
completed Use Permit application and schedule a public hearing within 45
days.
The moratorium would eliminate the possibility of an arcade request being
heard prior to the adoption of the ordinance desired by the Planning
Agency. Even on the most favorable timetable, an ordinance would not be in
effect until April 15, 1982.
CONCLUSIONS
Based on the number of inquiries concerning arcades staff has received
(including correspondence from the owner of a shopping center granting
consent for a leasee to operate an arcade), staff feels that the only way
to ensure that no public hearing be scheduled prior to the adoption of the
ordinance being drafted, is to adopt Urgency Ordinance No. 867 as
submitted.
JSD:jh
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ORDINANCE NO. 86?
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, DECLARING A MORATORIUM ON CITY
APPROVAL OF ALL USE PERMITS DEALING WITH THE MAINT-
ENANCE AND OPERATION OF FACILITIES WHICH CONTAIN
MORE THAN FIVE (5) PINBALL OR VIDEO GAblE MACHINES
FOR A PERIOD OF ONE HUNDRED AND TWENl~~ DAYS
The City Council of the City of Tustin does hereby ordain as follows:
A moratorium is hereby declared on Planning Agency
approval of the maintenance and operation of facilities
which contain more than five (5) pinball or video game
machines in order that the City Council my study the
need for an ordinance regulating or prohibiting such
facilities.
II.
The moratorium declared hereby shall extend for a period
of four months from February 1, 1982 unless duly extended
or repealed.
III.
This ordinance is adopted to protect the public health,
safety and welfare and is adopted as an urgency measure,
by a four-fifths vote, pursuant to the provisions of
Section 65858 of the California Government Code and shall
take effect immediately. The urgency is based on the
fact that the City Council hereby finds that the opera-
tion of game arcades my have adverse impacts on the
surrounding neighborhoods and therefore further study is
warranted.
IV.
The testimony presented at the regular meeting of
February 1, 1982 and the comments of the City Council in
reference to that item are incorporated herein by
reference.
PASSED AND ADOPTED by the Tustin City Council at a regular meeting held
on the 1st day of February, 1982.
ATTEST:
James B. Sharp, Mayor
Mary E. Wynn
City Clerk
PUBLISH TUSTIN NEWS: February 11, 1982